Steven Levy Enterprises, Inc. – TERMS AND CONDITIONS
We may amend this Agreement at any time by posting the amended Agreement on our websites. An amended Agreement shall automatically be effective 10 days after it is initially posted.
Buyer will not hold the seller responsible for any user's actions or inactions relating to the purchase and sale of items listed. If you have a dispute with one or more users, you release the Company, its subsidiaries and affiliates, and their respective officers, directors, agents, employees and third party suppliers, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation those claims, demands and damages based in whole or in part upon the Company's negligence, gross negligence, statutory liability or strict liability, arising out of or in any way connected with such dispute.
Buyer assumes all liability for, and hereby agrees to indemnify, defend and hold Seller, its employees, officers, directors, agents, representatives, successors and assigns harmless from and against any and all liability for losses, costs, expenses, damages, demands, penalties, claims or judgment in connection with or arising out of any injury or alleged injury (including death) to any person or persons or damage, or alleged damage to property sustained or alleged to have been sustained in connection with, resulting from or arising out of the sale, dismantling, preparation for shipment, loading, packing, shipping, transportation, possession, use, operation, ownership, maintenance, repair or disposal of the Buyer's Surplus Items, whether or not caused or contributed to by the negligent act or omission of Seller, its employees or agents. Buyer hereby agrees to assume, indemnify and hold Seller, its employees, agents and/or representatives harmless from and against any and all risks, costs, losses, claims, demands, expenses and/or judgments incurred by Seller or any of such indemnified parties as a direct or indirect result of Buyer's failure to secure the above indemnifications from subsequent purchasers.
Warranty and Disclaimer
Seller warrants only that it is the owner of the Surplus Assets and that it has the right to sell them. Buyer understands and agrees that all Surplus Assets are sold "AS IS" AND "WHERE IS" WITH ALL FAULTS AND DEFECTS THAT MAY EXIST WITH RESPECT TO ANY SURPLUS ASSETS. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Seller shall not be liable for any damage, whether direct or indirect, incidental, consequential or special, resulting from the use or inability to use the Surplus Assets sold or caused directly or indirectly by any defect, failure, malfunction or other condition, whether such damage is based upon a claim of warranty (except as expressly stated in the first sentence of this section 3), contract, negligence or otherwise.
Possession, Removal and Shipment Terms
Buyer shall take possession of and shall assume all risks with respect to Buyer's Surplus Items at the point where such items are located on the date of sale immediately after completing the final payment hereafter described. Seller may load at their discretion as noted in the offering.
Buyer shall pay 100% of the sales price for Buyer's Surplus Items to Seller by Wire or certified check when Buyer receives Seller's written acceptance of Buyer's offer. If Buyer is not subject to a tax on this sale, Buyer shall provide Seller with a valid exemption certificate on or before the date of final payment.
Hazardous chemicals, Hazardous wastes and other Hazardous conditions
Buyer is warned and acknowledges that any items which buyer may hereafter purchase from seller, pursuant to any offer accepted by seller and subject to the terms and conditions set forth herein, may bear or contain hazardous chemicals or other hazardous materials which may be, or may become by chemical reaction or otherwise, directly or indirectly, hazardous to life, to health or to property nu reason of toxicity, flammability, explosiveness or for other similar reasons. Buyer does hereby discharge seller from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials.
If Buyer fails to pay for Buyer's Surplus Items as required and within the time provided, or defaults in the performance of any of its other obligations hereunder, Buyer shall immediately lose all right, title and interest in and to all of Buyer's Surplus Items, and Seller shall be entitled to retain all payments made prior to the date of termination by Buyer as compensation.
Neither Seller nor Buyer shall be liable for its failure to perform hereunder when such failure is due to any cause completely beyond its reasonable control, including acts of God, fires, floods, strikes, and other labor disturbances, acts of civil or military authority, war, riot, or inability to obtain equipment or transportation. In any of the foregoing circumstances where failure to perform is excused, the sole remedy for the party whose performance is excused shall be an extension of the time for performance equal to the number of days of delay caused by such circumstance.
Buyer may not assign this Agreement or any of its rights or obligations hereunder, in whole or in part, to any other party without the prior written consent of Seller.
Complete Agreement and Modification
Buyer's written offer, Seller's written acceptance and these Terms and Conditions represent the entire agreement between Buyer and Seller with respect to the sale of Buyer's Surplus Items, and they supersede any and all oral or other written statements pertaining to such sale. No modification or waiver of any of the terms of this Agreement shall be effective unless made in a writing executed by authorized representatives of Buyer and Seller.
The provisions of Buyer's written offer, Seller's written acceptance and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which the Surplus Assets are located on the date of Seller's written acceptance of Buyer's written offer.
Asbestos containing material
Certain components sold by seller may contain asbestos material. Such items are but not limited to gaskets, vessels, heat exchangers, packing, pumps and equipment to name just a few. Buyer hereby agrees that it is fully equipped and has technical knowledge to safety handle asbestos containing materials. Buyer assumes all liabilities in relation to asbestos removal and removes any liability from seller
International Shipping Duties and Taxes
Orders shipping to destinations outside the United States might incur duties and taxes. If duties and taxes are imposed on your order, they are due at time of delivery. Please consult your local customs office for more details about your country's duties and taxes. Buyer is responsible for any import taxes, duties, or brokerages fees which may be incurred on your international order shipment.
Buyer acknowledges that its receipt and use of the Assets are subject to U.S. export control laws and regulations and may be subject to other foreign export laws and regulations.
Buyer is not a citizen, national, permanent resident of, or incorporated or organized to do business in, and is not under the control of, the governments of Cuba, Iran, North Korea, Sudan or Syria. Buyer will not sell, transfer or otherwise re-export the Assets, directly or indirectly, to the above mentioned countries or to citizens, nationals or permanent residents of those countries.
Buyer is eligible to receive exports of the Assets in that Buyer is not listed on any of OFAC’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Table of Denial Orders or Entity List or Unverified List. Buyer will not sell, transfer or otherwise re-export the Assets, directly or indirectly, to any ineligible persons.
Buyer will not use the Assets and will not enable the Assets to be used for any purposes prohibited by U.S. export laws and regulations, including the development, design, manufacture or production of nuclear, missile, chemical and biological weapons and technology.
Buyer will not export or import the Assets in contravention of any applicable foreign export or import laws.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site. You also consent to the electronic formation of contracts and agreements. You agree that all contracts, agreements, notices, disclosures and other communications that we or any seller provides to or forms with you electronically satisfy any legal requirement that such contracts, agreements, notices, disclosures, and communications be in writing, or that any signature to any contract or agreement be in writing.